and obama administration. and michael good to have you here, ed thank you. that is it for us, thank you for being with us, tomorrow vocal critic of the "gang of 8 lamar smith will join us, god night from new york. neil: high-tech, got them in boston. high-tech might have flew warted a terror attack that could have killed a lot more in canada and new york. do you think that priva concerns such technology raises will be reined in by these guys? not now, maybe not ever. because see those cameras following your every move? just smile. keep on moving. because they are staying. welcome i'm neil cavuto, dzhokhar tsarnaev is in a hospital alive. because not only did cameras catch him in the a but a thermal image caught him hides

after the act. they might have contributed to keepining the body count down. look at what the fancy gadgets pick up when they are snooping, is answer suck it up? let's just say a week after boston no one is talking pvacy anything in washington. happy we're told we can get our lives back, i am not so happy we're being just as scrutinized we do. a look at whether scott mcnealy was right, he said, if you want your privacy get over it, of he right? to katrina pierce, and matt melch and ralph peters, cat katrina? >> i do not think she right but

we'll hava make a decision if we're going to remain fry, this administration said in a can't let a good crisis go to waste, i suspect we'll get background checks on pressure cookers moving forward. neil: do you think that cameras and other high technologies we use today from drones to who knows pressure cookers, down the road, are fair game? and will be, it will be sold to the american people, to keep you alive? >> well, there are different technologies for different purposes, some are good, some can be misapplied. but, i personally am vlad we have -- glad we are surveillance at atms it keeps my wife safe, i'm glad we had that surveillance in boston. on the other hand, the american people while we whine about oh, the government is taking pictures of us, we get on-line, we reveal not just our souls but

often our bodies, facebook, google, any on-line shopping site, search engines, even your local grocery store they know more about you, they have more data about you know that federal government. you have to recognize not everything is a conspiracy. i am for reasonable steps to keep us safer. neil: matt, that image of the suspect hiding in the boat. that thermal imaging technology, with ability to see him, but, it could veer right over to the house, and look in the house, so, i am saying not in this case, goal was to find out this guy, but, just knowing they have that ability, makes me wonder about the rest of us. >> there is a supreme court case, a couple years ago about thermal imaging randomly on the street oh, they that guy is growing pot in there it was thrown out, you cannot use it

willy-nilly. if you are searching for suspects that changes it. neil: what if you discover something bad to our pot case comes up that is more than just pot. >> hard to catch on camera. neil: i am saying violence, some guy is -- a argument with his wife or you know what i'm saying that is leap i fear. >> you should fear it, and that kind is something we should fear right now, since i was born there have been about 50,000 wiretaps approved by law enforcement. every year for last couple years more than 1.5 million requests have been made by law enforcement mostly through technology companies, without us knowing about it we can't find out who did it. there has bee a game change over the last 10 years esince 9/11, where pendulum swung way in direction of government

actually knowing a hell of a lot more about you know that they used to, that is troubling. neil: i think that the jeannie is out of the bottle, and whether government know spired or not -- inspired or not, the fact is when we hop to web sites, and allow ourselves to be an open book. we open our books, i'm saying where does it go. >> we as people have the right to do that as an individual. if i want to put my entire life out there great, but i can block my cousin and friend from facebook, but to matt's point, people don't know the kind of information that is being compiled from having your grocery store card. neil: government could overstep your block, you know? >> government has overstepped my block i'm sure, that is the point, we're at a critical point in america where people have to say, enough is enough, take back our liberties we have almost -- >> no, i agree with that,

colonel, it can be careful when you wish for. you know, liberties are one thing but every time we have something bad happen like 1999 like this i think -- like 9/11 li this, for a lot of folks, i don't think it justifies, they say, i can compromise, i can get some of this up, keep me safe, and keep my family safe, that while justified worries me. >> life is always about compromise, technology can be used for good or bad ends, my problem is that the notion that so many people have, that government is out to get them. look, government is made up of average citizens like us. neil you are way above average, i have worked in government in military, in is no secret plot to get everyone and corner us and come -- >> you never watched oliver stone movies you should get up

to speeds and study things like espionage. serious. be careful what you wish for, a little bit of technology, i'm not saying that government is on a00 fo00 hunt for you, but if yu become a suspect it has a lot to gather on. >> you but if i away the law and keep my clothes on in public what do i have to fear? neil: if you are brought up wrongly, you criticize administration they say let's see what we could do to to embarrass the. >> it would make it less likely i would be followingly accused. it is how you use the technology, and again, go back to my basic point, the

government is restricted by law from what can collect and retain on u.s. citizens. neil: they have broken that law a lot. a lot. >> and they do it under national security justification in a way, think about last couple weeks everyone says that second amendment is something we should take so seriously, and we should not allow a little bit of encroach am there because we're very protective, rightly so of that amendment. let's be as protective about feuerth amendment and realize when they are you know asking to us live according to a code of if you have nothing to fear, if you don't do anything wrong you have nothing to fear there is something un-american about that notion. neil: your point is that there is not a deliberate attempt on the part of the government to go after you, but i think we're making it easier for them to do just, that aren't we? >> we are. neil, i have experience in 70

countries in world, and i have lived in europe for more than 10 years, which is more regulated 10 years ago than america is today. this is still the freest, country on earth, where i he the most ability to make choices good or bad, and i will tell you could i'm concerned that people are making bad choices voluntarily, by putting in think information out there. neil: you may have been all over the world but i have been to the poconos and catskills, and it is a growing threat. i'm not sure that technology used to clean this threat it is a doozy, canadian police arresting two men allegedly with ties to al qaeda, both charged with plotting to blow up a train, headed to new york city, rand paul on that, and maybe means, high-tech or otherwise, we use to find out about that. after this.

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neil: sequester is faa starting air traffic controller furloughs yesterday it has been warning for months this day would becoming. and delays would follow, so far it is pretty. the usual havoc and delays. you would not know it looking at headline, main street media, airline and flight sshools sinker ravel guru mark murphy said that administration is manufacturing this mess. he does not deny the lines but deny so call reasons. >> i think it just forced, they want it to be difficult, it there is no reason. are we spending more money this year than last year, are we not going to spend a trillion more in 2013, than we spent in 2007. neil: faa has a higher budget this year than last year, i having said that, what is in it

for them, if you think about. everything i think trickles down to the president good or bad. >> a few months they played the hand it was a disaster, they walked it back, they saw of it not a disaster we just slowing increase in spending. neil: your facts are dead obut these cuts would be rolled in this is latest more come ing on the travelling, you say it is a nightmare because there are fewer planes and stuff to the gill. >> yes, you have 4 airlines controlling 85% of domestic flights, people saying that airfares are not going up are crazy, they are going up, they have been rising it will be a very expensive summer to travel, and chuck schumer saying it will be like flying in a blizzard, these are the conditions, if he is talking about a blizzard because of the sequester cuts,

what is going to happen to travelers, they will think twice about travelling, 1.7 million people jammed and the planes this summer maybe they will think twice about going, then what is the economic impact on that? it affects hotel, restaurants, taxi service, car services, you think about the repercussions. neil: the groups hit hard in the market. do you get a sense that it can bbecomes justifying ainiable cor a justifiable defense, in other words, if you are in airline industry, you will take your time to makeour point, if you move fast the chance of you getting a budget hike is less likely. i don't want to be that jaded, i'm just saying it would behoove you to not to look like things are not a problem. >> i think that administration

has asked them to make it look as painful as possible. frontline folks i think they will continuto serve the customer, the customer is happy, business is good. they get rewarded. neil: you fly all of the time, are they that happen? >> it depends on airline and products. neil: every agent i bump in to must like cnn . >> i kill them with kindness. neil: you do. >> i have to. neil: all right a certain amount of attitude, and dismissiveness, with this, they might believe that pudding shove down their throat. but, i don't suspect we'll see much improvement. >> i think you are focussing on is airline piece that is piece -- >> that feeds from all of the above, faa and homeland security. tsa . >> think about it they will allow knifes on planes, right. neil: that should go well. >> a great idea, everyone screaming about it almost 3/4 of

people said of it a terrible idea, those are things. >> why did they do that? >> they say it will speed process through security. neil: that would be like saying we're -- >> a waste of time. that is what they said, but they the cull what funding so it grounds planes, and you can't have as many take offs and landings, they want to speed security process to get our flights canceled? help me with that logic. neil: delays will be longer, regardless of reason it will be a long hot summer. >> more people flying unless they get scared from sequester cuts, craziness. which i think is a load of malarky. my appropriate way of saying it. neil: i worry, theic pend to learjets -- if they extend it to learjets, thank you, mark. mark murphy. >> so busy watching this boston drama on tv, who really has time

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neil: a week ago terrorists were on the loose in a big american city, is it any wonder a lot of folks stayed home and watched it in a lot of cities initial retail sales notably slower. not get anything better. it is a familiar trend one that for stores could not come at a worse time. delia, our argument they -- a lot of them were hurting to begin this, this just adds to it? >> absolutely. you know people shop when they

emotionally feel good, super bowl, people are revved up to spend money. and you know sofa whatever. for good times we buy. put a situation like this, we shut down. neil: now, the cocooning or whatever you want to call it was short lived because friday night when the final suspe was apprehended. the quote, i think a boston official, the coast was clear, situation solved. i'm not sure a necessarily believed that, but it was a terror easier. so, where are the shoppers? >> wells shoppers are home, they are watching on tv, they are spending time around water cooler, you know we're not spending our lunch hours runs to the mall, we're talking to your friends. neil: i have never spent a lunch hour or any opportunity at work to run to a mall. >> you and i both. neil: do you like to shop. >> i like to shop, but this is

not the time to do it. you know, we're so preoccupied. and women are terrified still, you know we make 85% of the consumer purchases, and it scary times, who would want to go to a public place right now, this is what they are thinking. >> do you think that is what is driving it? or they have already -- almost kind of like concerned about a slowdown of the economic numbers, that might be more a factor than the fear of going out in public or thinking we might get another boston incident. >> i think a little bit of both, but consumers are still in shock, we're a country in mourning, when you are mourning you are not thinking about you know, new shoes, and new dress, and running out in partiying, you are worried, you are concerned as news unravels and bombing continues to be top of mind, to we really know it is over? that is what is going on.

do you want to be in a pub lake place at this point. -- public place at this point, i would be concerned. neil: well, that is a good point, if we get hints that boston thing might have been more involved or, get a greater sense of what this whole canadian train deal might have been about. and how close the guys got to pulling it off. so then i guess it gets to size of the fear. mag tuesdaymagnitude, right? >> do we really know it is over, do we know who is out there, who might be conspiring with them, have to to get to bottom of this to build consumer confidence, we have to get them to feel good about going into public places back to the mall, and shop, because, i am told news comes up with a solution we feel good about as consumers we'll be apprehensive. neil: delia thank you very much. >> thank you, neil.

neil: remember rand paul's 12 hour pron drone against drones,w do you think he will react now that bird's-eye boston bomber arrest will have senators cheering again, rand is shear to take another stand, next. alec, for this mission i upgraded your smart phone.

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suspect, now a loot of lawmakers call for domestic drone double down afternoon successful bombing arrests from high above, joining me exclusively senator rand paul. he filibustered president's use of the drones for what he feared could be private use. what do you make of this? >> you know, i want to congratulate law enforcement for getting and captures these terrorists, but, what we too with them, we could still preserve the bill of rights, i see no reason why our constitution is not strong enough to convince this young man with a jury trial, and bill of rights, we do it to horrible people all of the time, rapist and murderers, we do a good job of justice. neil: all right, so the whole, enemy combatant thing is a moot.for you

point for you, he will get his guilty is just desserts. >> i talk to young soldiers, and we build houses, they tell me they are fighting for the constitution and bill of rights, i know that is what they represent, i think they are disheartened to tell me no jury trial any more. neil: to this technology, drone or othwise, i was thinking of you senator i saw this image hiding in the boat in backyard. and i thought, with this thermal imaging ou can see a person behind a wall or in this case a cover. i am thinking, what else can they see. i didn't know they had that abilityo with -- with a helicoi

am then they have the ability to look at us in our home. this was too a desired end, to track down a bad guy or --er. >> here is the distinction. i never argued gain any technology used when you have an imminent threat, active crime. if someone comes out of a liquor store with a weapon and $50 in cash, i don't care in a drone kills him or police, but it is different if they want to flyover your hot tub or your yard because they want tur have a lens on everyone -- they want surveillance on everyone, and watch your activity. neil: what if they discover something else that looks bad? >> we should not be willy-nilly looking in everyone's backyard, if there is a killer on the loose in a neighborhood, i am not against the drones used to 7

them out, heat-seeking devices used i'm for law enforcement. i'm not for surveillance when there is no probable cause that a crime has been committed. most of the time you get a warrant, but if someone is actively wons arouns -- runningd with a gun, you don't need a warrant that is the way your system works. neil: i worry you can reconstruction a case against almost anyone to make them look guilty, i remember atlanta olympic bomber, we did not have damage or internet -- we did not have technology or internet, that we have today we painted a picture of a guy making his look guilty as hell, then we have to go and retract it. what i worry, is that they can go after the wrong guy. then rebuild the case or proof

based on that to unfairly go after that guy. >> well, interesting thing is you know, i'm argue for you have a jury trial, but a you're trial sometimes is imperfect, you are right, you could reconstruction to make someone look guilty, just watch 12 angry men to see how facts seem to indicate someone is guilty, and more discussion occurred they needed maybe he is not. a jury trial is amazing one of few country that have it, you know when my relatives go to fight in war, and i think of them fighting to defend the right to trial by jury, and so i think this is something to keep talking about even in the face of people who nobody wants to want him punished, i think your system is strong enough to convict him in a court of law and either put him to date through a jury verdict or life in prisonment. neil: just the shear number

camera on streets, all of means at our disposal just out there, we could marshall them to go after bad guys, but there are a heck of a lot of them, does this worry you on that level? >> yes, but you have to look at it many different ways, many are outside of stores, they are private cameras, and they are not going into someone's house or invading that privacy, do you still deserve some privacy walking down the street? yes, i don't think that everyone should have heat seeking sensors going on, but if a mad man is running down the street we can use this surveillance. it depends on situation, we have to be careful to protect our privacy see in. neil: my only worry, the under the guise of protecting us we could gi give open license for

government to do whatever it it wants it us. >> "wall street journal" said today, myself and others need to reconsider it. my response it is easy to see the bombers with images all over tv, know they are in combat against us, but there are merckier cases, you would want a trial by jury and a lawyer that don't have to do with someone in the middle of a becaming spree or a killing spree, it is about the murkier cases, in thissic explicit case. >> we shall see thank you senator be well. >> good seeing you. neil: rand paul in washington. >> home sales slipping, and if he does not produce a big number tomorrow, apple's ceo going, time for our biz little bit or biz hit list. you hurt my feelings, todd.

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neil: homebuyers, shaken to the core. in biz blitz we start with home sales not getting it done. sales of existing ones dropping, .06 of a percent. al, what do you make of that? we were given that they were at least clawing back. >> the economy is never as good as people say it is. the housing market is never as good as people say it is, think of this, we have interests below

4%, f most to go out get a mortgage, housing market should be streaming back we're seeing a large percentage of sales dominated by visitors, there is still a foreclosure crisis going on, unemployment is still high we have not by any stretch of the imagination seeing what seem people call a recery. neil: we're well off the matt from lows. any trend or any improving trend looks good. when it is disrupted we feel bad. >> no, but i think that al's comment, ner as good as they say it is but never as bad, whole market has been en few fuego, have a tried to get a motorrage

lately. -- mortgage lately. i tell you, they are not lending credit, and demand is not there for creditworthy borrows either, because people are not making more money, and businesses are not hiring. neil: tomorrow, you are jumping gun we talking about proctologists who offer mortgages. >> i knew it. neil: bmw is expecting sales to slow in china, scott, that is where we're hanging our pro verbial economic recovery hats, if china is slowing that cannot be good. >> we're hanging a lot of economic recovery hats, maybe we should send them some hat racks, auto industry, out of u.s., looking at forward, gm and chrysler has been counting on china, they have been delivering, butting which

going forward how does it pan out, the emerging buyer is fickle. they could like one car one month not like the car the next month, how do you appeal to that group. neil:al? >> well, i think that luxury cars will continue to do well in china. if we've seen anything in recession here u.s. luxury items do well, rich like to strive like to drive nice cars, i would worry about slowdown in china taking edge off lower price cars that means fewer chinese people emerging into middle class are they buy cars. neil: i hear whole china thing, you know i know we should be grateful and we would envy growth any approaching china, that is a narrative, paranoia i think that chinese are lying, i don't think their growth is near that, that is my bigger worry that maybe, this is part of

reality? >> i think all economic numbers are lies, that economics itsf iassumptions based on assumptions, who knows what is going on in china. neil: "forbes" saying, a move a foot to give apple boss the boot? scott? that would be amazing but there is a lot of talk. >> i would be shocked. but when stock has gotten smoked, you hear about chatter. steve jobs was great, he did a lot of wonderful things for company. many years ago, he created a lot of great product, but you know a lot of people caught up to apple, apple has become a parent's phone, i can imagine my

kids saying oh, you got an apple and i don't' an apple, the new emerging consumers are buying sam shunnings, ansamsungs, and i say blackberry again, because older folks have apple products. >> what is the new ceo going to do for apple. tim cook had the baton passed to him, by steve jobs who passed away, we knew it was going to happen, they had great products in the pipeline, steve jobs died, did you think that apple stock would go to 900, you know now down below 400, that is incandescent no matter who -- inevitable no matter who took over steve jobs, there is a little bit of battle over what to do with cash, that apple sitting on, but, this is a well-run company, i don't know they will find anybody better

than tim cook, i think this is a lot of chatter from speculators just saying what they wish all happen. neil: you know, i think what happens we live in a short attention span type society, we have the ceos, on a short leash, they get a grace parting prize but in case of j.c. penney they do not have a language leash to run. -- long leash to run to would not surprisee at all. >> it would not, you have to wonder in case of j.c. penney or other companies that have seen it, does that work out to boot out a ceo get somebody new? a lot of time company seen a big that takes three ceos to get out. not just making one change. neil: all right guys, thank you both very much. in meantime, we know if the feds are right, this guy is an enemy, we know he had moran enough bombs to make him a combatant,

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neil: dzhokhar tsarnaev is not going to gitmo. he will be tried in american courts for legal reasons, but what if i told fur for a few financial weeks, for one, our courts are quicker, let's ask former uss cole investigator and michael bat ease. the cost factor, we keep some of these guys that have been at

gitmo almost right from 9/11. cost a lot to do that. maybe legal system is appealing in so far as you get quicker results? >> it has to be a factor, i have testified at a number of trials in gitmo, one where he received life. but from experience too with federal court, and record whether it was before or after 9/11 it is just a more effective way to go. the federal court system. neil: you say that why? >> the track record long track record, history of successfully prosecuting terrorism cases, over 2 hunterrism case 200, tere been heard. unless they are part of a

foreign terrorist group, like al qaeda or the taliban ita nonapp nonapplicable. neil: what if he had foreign links then you are in a box? >> not necessarily, that's will find out soon if they he not already. neil: maybe that is why they did not pursuit the enemy combatant thing, maybe ty are ahead of us and found no such things. >> i think there is serious legal issues applying enemy combatant status with an american captured in u.s. >> what if the brother who was not a citizen, and a visa was alive -- >> still a green card holder, he was a lawful permanent residence of the united states, not as troublesome but still troublesome. neil: what if this is bigger in terms of, i mention cost, prosecuting going after a lone

wolf. but then you discover in course of u.s. trial, this is much bigger than what? >> well, that is one of the key things right now in this road ahead, the 10 investigation as the investigation trils down on whole time like of older brother when he travelled overseas to russia, whether it was dagestan or chechnya or somewhere else, was there a linkup with a foreignnelement. most important, did that element provide training and dispatch him, then you are dealing with something up to this point unprecedented in northern hemisphere if it came from chechnya, but a lot is a big if in between of what happened. >> you know, michael i was thinking. we got, news two muslim men, supposedly nabbed by canadian authorities to wanted p to blowp

a train from canada to u.s. i assume that canadian jurisdiction. any difference? treatment? here? >> between canada and u.s.? >> well, i don't think that canadians have the sort of military commission that we apply to al qaeda and taliban. they would go straight criminal process. neil: what if this -- god forbid, is more the trend, canadian thing, and arrest of this fellow in chicago last we week. i'm just i'm the one connecting the dots, but there is something bigger at play. you are talking about not only security but legal nightmare. >> yeah, i'm not sure of legal situation. as far as you know, situation right now, in the connections,

that activity, but i tell you, where there is if you will missing ingredient. the kinetic rponse. law enforcement, phenomenal recor since 9/11. where a collect of work needs to be done right now is countering that narrative,hat mutant toxic form of al qaedaism, there is something that happens with young men who is susceptible and self motivates and self recruits to that kind of ideology, internet, a lot of different sources for that thing. there is a very important period though from right here in thinking about it to where it guess to a constructive step. so, that is where much more effort needs to be done in countering thenaritive of that toxic violent death and destruction mesh of al qaeda.

neil: that goes beyond a legal issue. >> absolutely, we have to assume there are terrorist cells in u.s., some with foreign connects some self motivated sympathizers of al qaeda ideology, we have to address the narrative, get people not to be influenced by that and stay on top of them with our intelligence, and law enforcement apparatus, i agree since 9/11 there h been -- we are light years ahead of where we were before in terms of our ability to stay on top of people, and resources to counterterrorism. and but with all that, we still have to remember, terrorism wil occur. you cannot stop every individual. you -- >> they just succeed but once. >> thank you very much. go iant to look at this dow chart. traders do not seem terrorized. maybe because they were relieved. not that many were killed and it was in boston. then what to make of this latest

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neil: shaken but for wall street barely stirred, market holding up despite all of the boston stuff going down. at happens with that threat out of ca cap canada target a tn going to new york, what if it had gone off then what. >> the market is forward looking they are not anticipating any additional sizable evens they are focus on longer term of the economy. this is really what market is focussing on, they are able to slush off that one event in boston. neil: they can for now, but i notice when they got scared last week they parked it in as safest

stocks as they could, what does that tell you? >> market, assigns pro billty and a 54ty t 54 priority to evee of information it has, right now, like previous guest said there is nothing new to digest, we know that risks are out there, but endless something that could materially affect markets at this point it is focused on earnings. which right now are not that great. neil: i agree with you, t it was pun wted throughout the week. that it was punctuated, now and then by better than expected news out of boston like they were close to getshe guys to

falling when it looked like they could not find home. so, it is not as if this did not affect movement. it makes me wonder, if anything big were to happen, whether there would be so sanguine. >> i was watching the intraday action every time you heard a rumor someone was caught, market moved up 50, then it is not true, market comes down that is short-term stuff, nile, i guarantee one thing if there is a series of evens, another event. that affects something like a new york city, markets will reek, markereacting, they are nt about numbers, it is about emotion, if they have a filing it the hurt travel or american cyctelecopsyche it will come do.

>> they value their own hineys, right? >> listen we have memories of september 11, thats my birthday, i remember it well. neil: is it really. >> it is. and but, more personally, you know, this is epicenter of our business world. probably every evil person out there would love to target the area, in back of our mind we remember that we react sharply to data like this, but like we said, unless in is an instrument threat, unless we know of something bigger, the market is not moving lower, most susceptible stocked are those who higher growth expectations built into them, johnson & johnson not included as much as someone like a amazon or netflixes or apple. >> i agree, these types of events are causing short-term

volatility but longer term market continues to focus on underlying trends, that said it is still difficult to put on rose-color glasses that we've seen as of late given the slowdown in march. neil: when anything gets -- it goes to bond market. >> that will add volatility, but if the market not pricing in a series of events, i think it just a short-term blip in the market. >> gary do you agree with that. >> all i can tell you, earning stink, sales growth stink, job market not very good. and fed is printing 4 billion a day. that is goosing the market. by worry overall, is what happens when all this comes back. the mket normalize. if interests sky rocket because the cork comes on evers on off e bott